CJL3038 - EXAM 1 QUESTIONS AND
ANSWERS. VERIFIED 2025/2026.
What is law? - ANS -System of rules and regulations that keep society in order.
-Law has been defined and explained more than any other sociology concept.
-Everyone has a different perspective (goal is to add perspective) in studying and interpreting
the law.
-We need to use a variety of definitions of what the law is to understand the interaction of law
and society.
-Each background will being a different understanding.
Traditional Legal Definitions - ANS A form, or type, of social control (Davis, 1962)
Social Control - ANS Attempts by states, organizations, and individuals to regulate human
behavior.
May refer to broad concepts or very narrow behavior or implementations.
Universal Law - ANS -Divine Rules
-Moral mandates most people believe to be correct (ex. religion)
-Sometimes will overlap and contradict each other.
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,International Law - ANS -Law Treaties
-More universal mandates, still some conflicts.
-Ex. Geneva Convention
-International Trade agreements about immigration.
-Conflict based on cultures and values.
Federal Law - ANS -National Legislature
-Ex. Statues
State Law - ANS -State Legislature
-Statues
Local Law - ANS -City Town Council
-Ordinances
Organizational Law - ANS -Formal Organization
-Rules and Norms
Community Law - ANS -Social Group
-Rules and Norms
-Some things aren't forceable in a particular group.
-We may disagree on what law could be. Values and cultures come into how we see the law in
our society.
-Some may overlap, others may not.
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, Cardonzo - ANS -Says the law is a principle rule of conduct, established to justify a prediction
with reasonable certainty that will be enforced by the courts if its authority is challenged.
- Without enforcement, the law becomes meaningless.
-It's a way to behave that's predictable and enforceable (such as speed limits).
Holmes - ANS -Says the law is a prophecy of what the courts will do in fact, and nothing more
pretentious.
-The law is a rule of how we should behave and that rule makes it predictable how the court will
act when the rule is violated.
-Predictability of what courts will do.
In common with both Cardonzo and Holmes - ANS -Both talk about precedent and
predictability about law.
-In our common law system, the courts use previous court cases to decide how future court
cases will turnout.
-So, by understanding what has happened in the past in response to the violation, we can
predict what the courts are going to do with similar violations in the future.
Max Weber - ANS "An order will be called a law if it is externally guaranteed by the
probability that coercion (physical or psychological), to bring about conformity or avenge
violation, will be applied by a staff of people holding themselves especially ready for that
purpose"
Meaning:
-There has to be a consequence for violating that law; seeing punishment other people get by
that behavior.
--External mechanism for making sure people adhere to the law, applied by a staff of people
(law enforcement, courts, independent institutions).
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
ANSWERS. VERIFIED 2025/2026.
What is law? - ANS -System of rules and regulations that keep society in order.
-Law has been defined and explained more than any other sociology concept.
-Everyone has a different perspective (goal is to add perspective) in studying and interpreting
the law.
-We need to use a variety of definitions of what the law is to understand the interaction of law
and society.
-Each background will being a different understanding.
Traditional Legal Definitions - ANS A form, or type, of social control (Davis, 1962)
Social Control - ANS Attempts by states, organizations, and individuals to regulate human
behavior.
May refer to broad concepts or very narrow behavior or implementations.
Universal Law - ANS -Divine Rules
-Moral mandates most people believe to be correct (ex. religion)
-Sometimes will overlap and contradict each other.
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,International Law - ANS -Law Treaties
-More universal mandates, still some conflicts.
-Ex. Geneva Convention
-International Trade agreements about immigration.
-Conflict based on cultures and values.
Federal Law - ANS -National Legislature
-Ex. Statues
State Law - ANS -State Legislature
-Statues
Local Law - ANS -City Town Council
-Ordinances
Organizational Law - ANS -Formal Organization
-Rules and Norms
Community Law - ANS -Social Group
-Rules and Norms
-Some things aren't forceable in a particular group.
-We may disagree on what law could be. Values and cultures come into how we see the law in
our society.
-Some may overlap, others may not.
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, Cardonzo - ANS -Says the law is a principle rule of conduct, established to justify a prediction
with reasonable certainty that will be enforced by the courts if its authority is challenged.
- Without enforcement, the law becomes meaningless.
-It's a way to behave that's predictable and enforceable (such as speed limits).
Holmes - ANS -Says the law is a prophecy of what the courts will do in fact, and nothing more
pretentious.
-The law is a rule of how we should behave and that rule makes it predictable how the court will
act when the rule is violated.
-Predictability of what courts will do.
In common with both Cardonzo and Holmes - ANS -Both talk about precedent and
predictability about law.
-In our common law system, the courts use previous court cases to decide how future court
cases will turnout.
-So, by understanding what has happened in the past in response to the violation, we can
predict what the courts are going to do with similar violations in the future.
Max Weber - ANS "An order will be called a law if it is externally guaranteed by the
probability that coercion (physical or psychological), to bring about conformity or avenge
violation, will be applied by a staff of people holding themselves especially ready for that
purpose"
Meaning:
-There has to be a consequence for violating that law; seeing punishment other people get by
that behavior.
--External mechanism for making sure people adhere to the law, applied by a staff of people
(law enforcement, courts, independent institutions).
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
